Legal Notice and Terms of Use

2.    TERMS OF USE
 
2.1 Object and Scope

These Terns of Use regulate access and use to the contents and services offered by FERRER through the Website. However, FERRER has elaborated contents inserted on the Website solely for information purposes. In this sense, the materials offered on the Website shall not be conceived in any case as a substitute of medical advice or of any other nature.

Mere access to the Website shall bestow the condition of Website User (hereafter, the “User”), which further implies acceptance of the entirety of the terms included in this Legal Notice. Should the User object to this Legal Notice, he or she must immediately abandon the Website without using it.

By accepting this Legal Notice, the User declares:

a.    Having read and understood what is expressed herein.
b.    Acceptance of all the obligations expressed herein.

2.2    Website Access

Website access is free of charge, with the exception of the cost for the telecommunications connection supplied by the service provider contracted by the User.

2.3    Website use norms

The User hereby commits to using the Website and all its content and services pursuant to the stipulations contained in the law, as well as in line with generally accepted moral standards, public order and this Legal Notice. Similarly, the User must use the Website’s services and/or content adequately and refrain from using them to carry out illicit or illegal activities, for ends that infringe the rights of others and/or intellectual and industrial property rights or any other norms established in the applicable legal system. Additionally, the User will refrain from using the Website in a way that its appropriate functioning could be hindered or impaired. 

The User may not transmit, reproduce, divulge or place at the disposal of others any type of material or information (data, content, messages, drawings, audio and visual files, photographs, software, etc.) that may infringe the law, generally-accepted moral standards, public order and the present Legal Notice. The User agrees to, including not limited to, the following:

I.- Refrain from introducing or disseminating content or propaganda of a racist, xenophobic or pornographic nature, including content that glorifies or justifies terrorism or in any way violates fundamental human rights.

II.- Refrain from introducing data programmes (viruses or damaging software) that might cause damage to the service provider’s systems, equipment or networks of FERRER including its suppliers or third-party Users of the Internet.

III.- Refrain from disseminating, transmitting or placing at the disposal of third parties any manner of information, element or content that may infringe fundamental rights and public liberties acknowledged in the constitution or in international treaties.

IV.- Refrain from disseminating, transmitting or placing at the disposal of third parties any kind of information, element or content that may constitute illicit or misleading advertising.

V.- Refrain from transmitting unsolicited or unauthorised publicity, advertising materials, “junk mail”, “chain letters”, “pyramid schemes” or any other form of solicitation, except in areas (such as commercial spaces) conceived exclusively to this end.

VI.- Refrain from introducing or disseminating false, ambiguous or inaccurate information and content in such a way that it may deceive the recipients of the information.

VII.- Refrain from disseminating, transmitting or placing at the disposal of third parties any information, element or content that may constitute a violation of intellectual and industrial property rights, patents, brands or copyrights that may correspond to the owners of the Website or to third parties.

VIII.- Refrain from disseminating, transmitting or placing at the disposal of third parties any manner of information, element or content that may constitute a violation of the confidentiality of information and the personal data legislation.

IX.- Refrain from altering, copying, unloading, modifying, decompiling, disassembling, performing reverse engineering, granting licenses, leasing, selling or imitating the Website, its software or contents therein inserted.

The User shall further hold FERRER harmless in regard to any potential complaint, fine, penalty or sanction applicable as a consequence of the violation by the User of any of the aforementioned usage norms, and FERRER further reserves the right to request damages wherever applicable.
Additionally, at any time, FERRER reserves the right to, without the need for any forewarning, introduce modifications or updates to its content or services, this Legal Notice, and in general, any and all elements included in the design and configuration of the Website, without prior notice.

2.4    Exclusion of Liability

FERRER shall not be held accountable for the use of this Website, and nor does FERRER guarantee that the information published within it is precise or complete. Therefore, the User must confirm that the information published is precise and complete before making any decisions related to any of the services or content described in this Website.

Access to the Website by the User shall not bestow upon FERRER an obligation to control the absence of viruses, worms or any other harmful digital element. The responsibility for making available adequate tools for detecting and disinfecting harmful digital elements shall fall upon the User.

Nonetheless, FERRER has adopted and will do its best efforts to adopt the necessary measures to ensure the correct functioning and security of the Website and thus to avoid the existence and transmission of components that could be harmful for Users.

FERRER shall not be held accountable for any damages caused to the User’s or third parties’ software and computer systems whilst using the services offered by means of the Website.

FERRER shall further not be held accountable for damages of any kind produced to the User causing failures or disconnections of the telecommunications networks and that produce the suspension, cancellation or interruption of the Website’s services during their provision or prior to their provision.

Information and content relating to healthcare shall be provided exclusively for informative purposes, therefore, FERRER recommends that the User always seeks professional medical advice.

The user undertakes that, should he or she make a decision based on the information published on the Website, he or she shall be exclusively responsible for this decision and hold FERRER harmless from any consequences.

2.5    Content and services linked through the Website

The Website access service may include links, directories and even search instruments allowing the User to access other pages and Internet Portals (hereafter, the “Linked Sites”). The data collection by them will be subject to their corresponding policies of use and privacy, and we recommend reviewing them in case the User accesses their networks or computer resources.  

In these cases, FERRER shall only be responsible for the content and services supplied in the Linked Sites if it has actual knowledge of the illegality and has failed to duly deactivate the link. Should the User consider that there exists a Linked Site containing illicit or inappropriate content, he or she shall communicate it to FERRER, however, this communication shall not carry the obligation of removing the corresponding link.

Under no circumstances shall the existence of Linked Sites presuppose the execution of agreements with their administrators or owners, and nor shall it presuppose the recommendation, promotion or identification of FERRER with the statements, content or services provided.
 
FERRER does not have any knowledge of the content or services available on the Linked Sites, and therefore, it shall not be held accountable for any damages produced on account of the content and/or services of the Linked Sites being illicit, outdated, unavailable, mistaken or useless or for any damages not directly attributable to FERRER.
 

2.6    Intellectual property

All the Website’s content, defined as, but not limited to, text, photographs, graphics, images, icons, technology, software, links and other audio-visual or sound content, as well as its graphic design and source code, remain the intellectual property of FERRER or that of third parties, and none of the rights of operation acknowledged by the law in force pertaining to their intellectual property shall be construed as having been transferred to the User.

The availability by Users to databases, images, pictures, patents, utility and industrial models, drawings, graphics, text, audio, video files, and software owned by FERRER through the Website or included therein does not imply, in any case, the assignment of their ownership or concession of any operating right in favor of the User, other than the use entailed by a legal utilization in agreement with the nature of the platform. In this sense, the User is solely authorized to visualize its contents.

Accordingly, the reproduction, dissemination, transmission, transformation, distribution, public communication, availability, extraction, reutilization, exploitation or utilization of any nature, through any means or procedure, of any of them, is strictly forbidden without prior written authorization by FERRER. If the terms above were breached, the penalty system foreseen for the breach of FERRER’s intellectual property rights, covered by the legislation in force, will be applicable.

All brands, commercial names or distinguishing featured are owned by FERRER or third parties, and access to the Website shall not be construed as a bestowal of rights upon them. The use of these brands requires FERRER express authorization, as well as the entering of the corresponding agreement between the parties. By virtue of the above, the unauthorized use of any of these brands will be subject to penalty.
 

3    INTERNATIONAL USERS

This Website is controlled, operated and updated in Spain by FERRER. 

FERRER cannot guarantee that the data contained in the Website is correct or available in all territories or locations, and neither can it warrant that all the products and services offered by means of the Website are available in other territories under the same representation or brand, in the same formats or in the same conditions.

The products to which the Website refers may be subject to different control mechanisms depending on their country of use. The information about these products may vary depending on the country. Website Users must consult with their respective medical services and pertinent authorities about the information pertaining to their country.

4    NULLITY AND INEFFECTIVENESS OF THE CLAUSES

Should any of the clauses included in this Legal Notice be declared totally or partially null or ineffective, said nullity or ineffectiveness shall only affect the provision or the part of the provision that has become null or ineffective, the remainder of the Legal Notice remaining in full force, and similarly, the null or inefficient provision is rendered excluded.
 

5    APPLICABLE LAW AND JURISDICTION

This Legal Notice shall be governed and construed pursuant to Spanish legislation. FERRER and the User agree to subject any controversy that might arise from the provision of services to which this Legal Notice refers to the Courts and Tribunals of the city of Barcelona, unless the Law requires otherwise.